Australia: Queensland Government Bulletin - 26 August 2015

The latest Queensland Government news

In the media

Prisons Get New Power to Stop Riots and Keep Staff Safe
Victorian prisons have this week been given new powers to help officers prevent serious incidents turning into riots and keep staff safe. The new powers will allow for the use of bean bag rounds to help de-escalate a situation or bring a serious incident to a speedier resolution (20 August 2015). More...

Independent Industrial Relations review to target fair and balanced laws
Jim McGowan AM will Chair an independent reference group which will carry out the first major review of Queensland's industrial relations laws since 1998 (20 August 2015). More...

Qld cop charged over information release
A Queensland detective will face court for allegedly releasing confidential information without lawful reason, according to the Crime and Corruption Commission (CCC) (20 August 2015). More...

Palaszczuk Government says Not Now, Not Ever
Premier Annastacia Palaszczuk has announced the Queensland Government will implement all 140 recommendations in Dame Quentin Bryce's landmark Not Now, Not Ever report into domestic and family violence (18 August 2015). More...

Helping kids understand the law
A re-vamped website that helps children and young people to navigate complicated legal issues has been launched by Attorney General Gabrielle Upton. Issues such as parental break ups, family violence, criminal issues and property settlements are all issues that can affect children and young people (18 August 2015). More...

Statement by the Attorney-General and Minister for Justice
Following advice received, the Attorney-General Yvette D'Ath has instructed the Office of the Director of Public Prosecutions to appeal against four sentences handed down in the District Court at Southport on July 16. The appeal in each case is on the grounds that the sentence was manifestly inadequate and the sentencing judge erred in not declaring the offence of torture to be a Serious Violent Offence (14 August 2015). More...

In practice and courts

Queensland: recommendations: Not Now, Not Ever report into domestic and family violence
Actions to implement the Government's response include: Changes to criminal law: Introducing a circumstance of aggravation of domestic and family violence to be applied to all criminal offences where family and domestic violence has occurred. Consider making non-lethal strangulation a criminal offence (18 August 2015). More...

Queensland: Independent Industrial Relations review
The review would also consider contemporary and emerging industrial relations matters, including workplace bullying, domestic and family violence, gender equality and work-life balance and standard working arrangements Community input to the review can be made at: www.treasury.qld.gov.au/IRreview (18 August 2015).

Queensland Law Reform Commission: laws and the early childhood education and care sector Discussion Paper (WP 73)
The discussion paper is available online under 'Current reviews' and under ' Publications, with submissions closing 30 September 2015 The Commission is seeking submissions on the issues raised in the discussion paper. All Australian states and territories have enacted mandatory reporting laws of some description.

Crime and Misconduct Commission Inquiry August 2015

Former police officer to appear in court on misconduct charges – 20.08.2015

Police officer charged for releasing confidential information – 20.08.2015

PUBLISHED – ARTICLES, PAPERS, REPORTS

Australia is lagging behind the world's best on judicial appointments reform
Author: Andrew Lynch; Professor, Gilbert + Tobin Centre of Public Law at UNSW Australia. Apart from a statutory need to "consult" their state counterparts for High Court appointments, the attorney-general has unlimited discretion in selecting who joins the federal judiciary (13 August 2015). More...

Private sector use of open government data: results from the Open Data 500 Australia
Department of Communications (Australia): 11 August 2015. The Open data study reveals new insights into innovate ways Australian organisations are using open government data. More...

CASES

Wulli Wulli receive title to their country
In a Federal Court decision handed down in Theodore today, the Wulli Wulli people were officially recognised as the traditional custodians of about 108,000 hectares of land and waters. The Federal Court determination acknowledged the non-exclusive native title rights and interests of the Wulli Wulli People over land including Theodore and Cracow (13 August 2015). More... More...

Butler v Commissioner of Queensland Police Service & Anor [2015] QSC 225
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where the applicant is a Sergeant in the Queensland Police Service – where a decision was made by the second respondent recommending the first respondent affirm a decision to suspend the applicant under s 6.1(1)(c) of the Police Service Administration Act 1990 – where the first respondent subsequently accepted the recommendation of the second respondent to affirm the suspension of the applicant – where the decisions of both the first and second respondent led to the applicant's suspension – whether the decisions of both the first respondent and second respondent involved an improper exercise of power – whether the decisions of both the first respondent and second respondent were authorised under the Police Service Administration Act 1990 – whether the decisions of both the first respondent and second respondent were contrary to law. More...

Weipa Hire Pty Ltd v Commonwealth of Australia [2015] QSC 242
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – SUMMARY JUDGMENT – where the plaintiff claims a contractual debt or remuneration for the provision of services to the defendant – where the defendant makes an application for summary judgment pursuant to s 294 of the Uniform Civil Procedure Rules 1999 (Qld) – whether the plaintiff has a real as opposed to fanciful prospect of succeeding on all or part of the claim – whether the court can be satisfied there is no need for a trial – whether there is a high degree of certainty that the claim would fail – where the application for summary judgment is dismissed. More...

Ostwald Accommodation Pty Ltd v Western Downs Regional Council [2015] QSC 210
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the respondent local government levied differential general rates for land in the local government area where the rating categories included a rating category for land used for intensive accommodation based on use for accommodation to service industry as a workers camp or quarters – whether there was an error of law in making the decision. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT AND RELEVANT CONSIDERATIONS – where the respondent local government levied differential general rates for land in the local government area – where the rating categories included a rating category for land used for intensive accommodation based on use for accommodation to service industry as a workers camp or quarters – whether the local government took an irrelevant consideration into account or failed to take a relevant consideration into account. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – UNCERTAIN EXERCISE OF POWER –where the respondent local government levied differential general rates for land in the local government area – where the rating categories included a rating category for land used for intensive accommodation based on use for accommodation to service industry as a workers camp or quarters – whether the exercise of power was invalid for uncertainty. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – UNREASONABLENESS where the respondent local government levied differential general rates for land in the local government area – where the rating categories included a rating category for land used for intensive accommodation based on use for accommodation to service industry as a workers camp or quarters – whether the decision was unreasonable. More...

Zecevic v Simon Blackwood (Workers' Compensation Regulator) & Anor [2015] QSC 232
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – where the applicant sought judicial review of the General Medical Assessment Tribunal's decision that the applicant's scleroderma was not a consequence of his employment – where the applicant failed to establish the ground of review under s 20(2)(f) of the Judicial Review Act as he failed to establish an absence of evidence or other material to justify the Tribunal's decision – where the ground under s 20(2)(h) was not established as the court could not be satisfied of the non-existence of a fact the Tribunal may have based their finding upon – whether the Tribunal erred in law by not answering the question referred to it, by considering whether the applicant had as a scientific question, proven the fact of a causal connection between his exposure and onset of scleroderma, rather than asking whether such a connection was established on the balance of probabilities – whether the Tribunal should have referred the matter back to the insurer because it involved a non-medical matter under s 514 of the Workers' Compensation and Rehabilitation Act – where absence of a known aetiology did not mean the Tribunal's decision related to non-medical matters or was made beyond its role as the decision maker. More...

King v Allianz Australia Insurance Limited [2015] QCA 146
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – COSTS – where appellant's appeal against the primary judge's decision on the respondent's application for review of a costs assessment was successful – where appeal allowed with costs and respondent to pay appellant's costs of the application for review assessed on the District Court scale – where parties sought and were given leave to file and exchange further submissions regarding basis on which costs to be assessed – whether costs of the appeal should be awarded on the standard or indemnity basis. More...

LEGISLATION

Queensland

No 80: Crime and Corruption Regulation 2015

Explanatory Memorandum
This Regulation is made under the Crime and Corruption Act 2001. The objective of this Regulation is achieved by the remaking of the Crime and Corruption Regulation 2005 with necessary amendments. The Regulation will commence on 1 September 2015.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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Authors
Christine Jones
Kim Nguyen
 
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